What is a 'Living Will'?

Many people are concerned about the best method to protect themselves, and their loved ones, in the event of future injury, illness, or incapacity. Everyone has known or heard of a family that was torn apart by disagreements about how best to care for loved ones who were no longer able to make medical decisions for themselves. The Texas Legislature has created a variety of statutory methods for handling such matters, including the “living will,” which is more formally known as a “Directive to Physicians.” Under a Living Will, you describe, in advance, the types of life-saving treatment that should be provided to you, as well as the circumstances under which medical professionals should stop using life-saving measures and simply provide treatment that will allow you to remain as comfortable as possible. By expressing your desires in advance, in the statutory form, you can provide your medical providers and family with clear guidance and avoid potential conflicts.

What if my Agent with a Medical Power of Attorney disagrees with the directions in my 'Living Will'?

The purpose of the "Living Will" (also called a "Directive to Physicians") is to provide legally binding directions concerning the use and withholding of medical interventions or care during your final illness or incapacity. In general, your Agent under a Medical Power of Attorney must abide by the directions set forth in your "Living Will," even if she disagrees with your decisions. However, it is best to have a discussion with your relatives or friends concerning your desires in the event of a terminal condition or illness, so that you can choose an Agent who understands your wishes and will fulfill them when necessary.

What is a 'Directive to Physicians'?

A "Directive to Physicians" is the same document as a "Living Will." In Texas, you can prepare a Directive to Physicians that describes your own wishes concerning medical intervention and care in a legally binding document.